AP799111 - Tugboat Industry Award 1999

9. DUTIES AND REMUNERATION

9.1 General

All employees will perform any duties within their skills competence and training, as the employer may require and in the manner and at the time required by the employer.

9.2 Duties and classifications

9.2.1 A master must be duly certificated under the relevant legislation. A master will at all times be responsible for and be in charge of the operation of the tug.

9.2.2 An engineer must be duly certificated under the relevant legislation. An engineer will be responsible for performing engineering operations and repairs and engineering maintenance in relation to the tug.

9.2.3 A rating must follow the direction of the master, or engineer where such a direction relates to the performance of the engineer’s duties.

9.3 Minimum rates

[9.3.1 substituted by PR914894 PR922336 PR957249; PR966346 ppc 07Apr06]

9.3.1 After the 2005 Safety Net increase [PR002005] ($17.00 per week to all rates) the rates for each classification will be as follows:

Classification	Actual rate per week
	$
Rating	564.60
Category 1(0-1850) Master and Engineer	811.50
Mate	653.20
Category 2 (more the 1851 units) Master and Engineer	859.40
Mate	691.30

9.3.2 The residual amounts will be absorbed against future safety net adjustments.

9.3.2 Arbitrated safety net adjustmen

[9.3.2 substituted by PR966346 ppc 07Apr06]

The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

9.3.3 The weekly minimum rate includes the following work value components related to the environment in which the work is performed:

9.3.3(a) working inside combustion chambers or casings of internal combustion engines or ballast or oil tanks;

9.3.3(b) working under engine-room plates including bilges;

9.3.3(c) cleaning bilges (including rose boxes) and coffer dams;

9.3.3(d) using mechanical chippers, grinders, wire brushes or spray painting.

9.3.4 Arbitrated safety net adjustment

[9.3.4 substituted by PR914894 PR922336 PR957249; deleted by PR966346 ppc 07Apr06]

9.4 Overtime

9.4.1 Requirement to work overtime

An employee must work reasonable amounts of overtime as directed by their employer.

9.4.2 Payment for working overtime

9.4.2(a) All time worked outside ordinary hours must be paid for at the rate of time and one half for the first two hours and double time thereafter Monday to Friday or, if the rates applicable to the overtime work in a port are included in the table below, those rates.

9.4.2(b) On Saturday the rate of time and one half for the first two hours and double time thereafter with a minimum of four hours payment; and

9.4.2(c) On a Sunday the rate of double time with a minimum of four hours payment.

Port	Monday to Friday	Saturday and Sunday	Public holidays	Minimum payments
Port Adelaide Port Pirie Whyalla	Time and one half for 1st 2 hours, double time thereafter	Sat: Time and a half prior to 1200 hrs Double time thereafter		4 hours minimum on Sat, Sun. 5 hours minimum on Public Holidays.
Burnie, Hobart, Port Latta, Launceston and Devonport.		Double time		Minimum payment of four hours provided that, where work extends into Monday the rate will be double time
Kwinana	Double time	Double time Sun: double time and a half	Treble time

9.4.3 Calculating overtime

In calculating overtime, any period:

• less than half an hour will be counted as half an hour; and
• greater than half an hour but less than an hour

must be counted as an hour.

9.5 Option for aggregate wage

9.5.1 As an alternative to being paid the minimum weekly rate plus overtime and penalties in accordance with this clause, an employer and a majority of employees may agree to pay and be paid at a rate equivalent to an aggregate wage of at least 40% or more above the minimum rate prescribed in this clause.

9.5.2 In such a case, the employer will not be required to pay penalty rates and overtime in addition to the weekly award wage, provided that the aggregate wage paid over the year was sufficient to cover what the employee would have been entitled to if all award and overtime penalty rate payment obligations had been complied with.

9.5.3 Where payment is adopted in accordance with 9.5, the employee will keep a daily record of the hours worked by an employee which will show the date and start and finishing times of the employee for the day. The record will be countersigned weekly by the employee and will be kept at the place of employment for six years.

9.6 Casual rates of pay

Casual employees will be paid at the rate of 1/7^th of the appropriate weekly rate plus 20% loading in lieu of leave. However, a casual employee engaged to relieve another employee at the request of the latter will be entitled for each day worked to payment at the rate of 1/7^th of the weekly rate.

9.7 Rates of pay for Special voyages

[9.7.1 varied by PR922336; substituted by PR946105 PR957249; PR966346 ppc 07Apr06]

For any day including Saturdays, Sundays and Public holidays on which an employee is engaged on outside work (other than an employee regularly or continuously engaged on outside work), with the exception of the voyages specified in 9.7.10, the employee will be entitled to the amount set out below for his/her classification in lieu of other payments under clause 9 – Duties and Remuneration.

After the 2005 Safety Net decision [PR002005] ($17.00 per week to all rates) rates for each classification will be as follows:

Voyage/Rank	Minimum	Residual	Total rate
	$	$	$
Free Running Voyage and Delivery Voyage
Master and Chief Engineer	549.20	8.50	557.70
Mate (Permanent Tug Master) and Engineer	517.00	7.20	524.20
Mate (Casual or Tug Mate)	420.20	1.40	421.60
General Purpose Rating	349.70	Nil	349.70
Contract Towage
Master and Chief Engineer	669.90	16.20	686.10
Mate (Permanent Tug Master) and Engineer	640.60	14.50	655.10
Mate (Casual or Tug Mate)	544.00	8.80	552.80
General Purpose Rating	473.40	4.60	478.00
Emergency Towage Operations
Master and Chief Engineer	801.00	24.00	825.00
Mate (Permanent Tug Master) and Engineer	765.10	21.90	786.20
Mate (Casual or Tug Mate)	667.90	16.10	684.00
General Purpose Rating	597.10	11.90	609.00

9.7.2 The amounts contained in 9.7.1 will only be payable from the time that the tug leaves the wharf to proceed to sea on any special voyage until it ties up at the wharf at the termination of such special voyage.

9.7.3 The amounts specified will be all inclusive and the total amount payable to an employee for all outside work performed in each 24 hours midnight to midnight or part thereof.

9.7.4 Despite 9.7.3, Free running and Contract voyages rates of pay will apply to each leg as per the award. The calculation for the first day's pay will commence when the vessel departs the wharf. A 24-hour minimum rate of pay will apply for the first day. If the voyage exceeds 24 hours, employees will be entitled to 8 hours pay, at the hourly rate, for each period or part period of 8 hours worked.

9.7.5 Despite 9.7.1, on any day on which an employee is put ashore sick or injured, he/she is entitled to 8 hours pay, at the hourly rate, for each period or part period of eight hours worked on that day.

9.7.6 Any leave accrued whilst on outside work will for each day accrued be paid and discharged at the appropriate port rate.

9.7.7 A casual employee engaged on a special voyage will accumulate leave at the same rate as a regular employee but, for such leave, the employee will not be entitled to any additional payment or casual loading of 9.6 in addition to the rates specified in 9.7.1.

9.7.8 Nothing in this subclause will affect the rights of an employee to any salvage reward to which he/she would otherwise be entitled as a result of any salvage operation.

9.7.9 A rest period may be given in the out-port depending on the circumstances of the voyage. In the case of a voyage of seven days or more, the maximum rest period will be 24 hours. In the case of a voyage of less than seven days, the rest period will be determined by the circumstances of the voyage and by discussion between the employer and employees.

9.7.10 Clause 9.7.1 and the payments therein will not apply to the free running voyages:

9.7.10(a) from the ports identified in column 1 to the ports identified in column 2 of the table below, or

9.7.10(b) if column 3 applies, from the ports in column 2 to the ports in column 1.

[9.7.11 varied by PR922336; substituted by PR957249 ppc 07Apr05; varied by PR966346 PR975085; PR979226 ppc 01Oct07]

9.7.11 Employees engaged on the free running voyages to which 9.7.10 applies will be entitled to the payments in column 4 of the table in addition to any other payments to which the employees are entitled under clause 9 – Duties and remuneration.

Column 1	Column 2	Column 3 – Applies to return trip	Column 4 – rate of pay
Port Adelaide	Stanvac	√	25% of Daily Rate for a Category I Master
Port Adelaide	Giles Point	√	I Master
Port Adelaide	Kleins Point	√	As above
Port Adelaide	Ardrossan	√	As above
Port Adelaide	Port Lincoln	√	As above
Port Pirie	Port Augusta	√	As above
Port Pirie	Port Bonython	√	As above
Port Pirie	Whyalla	√	As above
Port Pirie	Red Cliffs	√	As above
Whyalla	Port Augusta	√	As above
Whyalla	Red Cliffs	√	As above
Whyalla	Port Bonython	√	As above
Sydney	Botany Bay		50% of 1/5 of the Weekly Base Rate for a Category II Master
Melbourne	Westernport		$151.20 per day
Geelong	Westernport		$151.20 per day
Sydney	Newcastle, Port Kembla		75% of 1/5 of the Weekly Base Rate for a Category II Master
Gladstone	Rockhampton		$151.20 per day
Halftide Harbour	Mackay		$154.60 per day
Gladstone	Bundaberg		$151.20 per day
Mourilyan Harbour	Lucinda	√	$151.20 per day
Mourilyan Harbour	Townsville	√	$151.20 per day
Mourilyan Harbour	Cairns		$6.40 per hour, min 8 hours
Townsville	Cairns		$151.20 per day
Townsville	Lucinda	√	$151.20 per day
Cairns	Lucinda		$151.20 per day
Cairns	Euston Reef		$6.40 per hour, min 8 hours
Hobart, Burnie, Port Latta, Launceston, Devonport			30% of the appropriate hourly rate (This provision will not apply to voyages between Stanley and Port Latta)
Bowen	Abbot Point		30% of Daily Rate for classification.

9.8 Payments for work outside port limits

9.8.1 Employees in ports in the table below will be paid, in addition to wages under clause 9 – Duties and remuneration:

9.8.1(a) The amount in column 1 of the table on each occasion they work on a tug that proceeds outside port limits to supply water to a vessel;

9.8.1(b) The amount in column 2 of the table on each occasion they work on a tug that proceeds outside port limits to assist a vessel;

9.8.1(c) Subject to 9.1.4, the amount in column 3 of the table on each occasion they work on a tug that proceeds a maximum of five miles outside port limits to assist a vessel (or in the case of Weipa, to carry out any work);

9.8.1(d) In the case of Darwin and Mackay the amount in column 3 of the table during work on stores trips.

9.8.2 For the purpose of 9.8 the port limits for Brisbane will be the entrance beacons to the Port in the case of voyages to which column 1 of the table applies and the M3 buoy in the case of voyages to which column 2 applies.

[9.8.3 varied by PR922336; substituted by PR957249 ppc 07; varied by PR966346 PR975085; PR979226 ppc 01Oct07]

9.8.3 Employees will only be entitled to one allowance for each voyage beyond the port limits.

Port	Column 1 Allowance – Supply Water	Column 2 Allowance – Assist Vessel	Column 3 Allowance - Other
Brisbane	50% of the Daily rate	100% of the Daily Rate for work up to 8 hours between 0800 & 1600 (Mon to Fri), otherwise 200% of the Daily Rate	N/A
Bundaberg	50% of the Daily Rate	N/A	50% of the Daily Rate
Cairns, Townsville Mackay, Lucinda	50% of one fifth of the Daily Rate	N/A	In Mackay, $68.60 for stores runs and $26.30 for agents runs, outside port limits.
Gladstone	50% of the Daily Rate	50% of one fifth of the Daily Rate
Weipa	N/A	N/A	50% of the Daily Rate
Darwin	50% of the Daily Rate	N/A	$6.70 per hour (min $53.70)
Sydney Port Kembla Newcastle	50% of one fifth of the Weekly base Rate for Category II Master	50% of one fifth of the Weekly base Rate for Category II Master

9.9 Payments for Shipkeeping and Firefighting

9.9.1 All references to columns in this subclause are references to the columns for the respective ports in the table below.

9.9.2 Subject to 9.9.3, employees who are employed in the ports in the table below will be entitled, in addition to wages under clause 9 – Duties and remuneration, to:

9.9.2(a) the shipkeeping payments in column 1 when engaged in shipkeeping.

9.9.2(b) the firefighting payments in column 2 when engaged in firefighting.

9.9.3 The entitlement of employees to the payments in columns 1 and 2 is subject to the corresponding conditions in column 3.

[9.9.4 varied by PR922336 PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]

9.9.4 Each employee must be paid an allowance of $11.80 for each hour worked when attending a fire. The payment applies for the period that the tugboat leaves the wharf to attend the fire until it returns to normal towage or ceases to be engaged in fire-fighting, but does not apply in the port of Bunbury.

Port	Column 1 Shipkeeping Payment	Column 2 Firefighting Payment	Column 3 Condition to be Satisfied Before Entitlement Arises
Westernport	55% of the weekly base rate each week		The employee must be required to remain on board the tug for shipkeeping purposes
Bowen	Double the Master's Hourly Rate for the duration of stage 2 (as defined in the company's cyclone contingency procedure).		The shipkeeping must be performed during a cyclone or cyclone alert and the company's cyclone contingency procedure must apply, and the employee must proceed to sea when the Master deems it necessary for the safety of the tug.
Cairns, Townsville, Mackay, Lucinda	Double the Master's hourly rate		The shipkeeping must be performed during a cyclone or cyclone alert
Bunbury	N/A	Double the Hourly Rate
Darwin	Double the Master's hourly rate		The shipkeeping must be performed during a cyclone alert or cyclone alert. The firefighting payment applies when the employee is actively engaged in extinguishing a fire on board a vessel.

9.10 Miscellaneous payments

[9.10 varied by PR921700 PR922336; substituted by PR957249 PR966346 PR975085; PR979226 ppc 01Oct07]

Employees in the ports in column 1 of the table below will be entitled to the payments contained in column 2, in the circumstances set out in column 3.

Port	Payment	Circumstances for payment
Mourilyan Harbour	$26.30 per trip	Customs, Doctors or Surveyors runs
Mackay	$6.70 per hour	Agent runs when vessel anchored off Prudoe Island
Mackay	$11.40 per day	Assisting dredging Mackay Harbour
Mackay	$9.90 in ordinary hours $13.90 in overtime hours	Towing barges to/from Hay Point